43628 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations 

This action approving the 2011 CO 

emissions inventories for the DC Area 

for the 2008 ozone NAAQS may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

oxides, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 10, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart J—District of Columbia 

■ 2. In § 52.474, paragraph (f) is revised 

to read as follows: 

§ 52.474 Base Year Emissions Inventory. 

* * * * * 

(f) EPA approves as a revision to the 

District of Columbia State 

Implementation Plan the 2011 base year 

emissions inventory for the District of 

Columbia portion of the Washington, 

DC-MD-VA 2008 8-hour ozone 

nonattainment area submitted by the 

District Department of the Environment 

on July 17, 2014. The 2011 base year 

emissions inventory includes emissions 

estimates that cover the general source 

categories of point sources, non-road 

mobile sources, area sources, on-road 

mobile sources, and biogenic sources. 

The pollutants that comprise the 

inventory are carbon monoxide (CO), 

nitrogen oxides (NOX) and volatile 

organic compounds (VOC). 

Subpart V—Maryland 

■ 3. In § 52.1075, paragraph (o) is 

revised to read as follows: 

§ 52.1075 Base year emissions inventory. 

* * * * * 

(o) EPA approves as a revision to the 

Maryland State Implementation Plan the 

2011 base year emissions inventory for 

the Maryland portion of the 

Washington, DC-MD-VA 2008 8-hour 

ozone nonattainment area submitted by 

the Maryland Department of 

Environment on August 4, 2014. The 

2011 base year emissions inventory 

includes emissions estimates that cover 

the general source categories of point 

sources, non-road mobile sources, area 

sources, on-road mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are carbon 

monoxide (CO), nitrogen oxides (NOX) 

and volatile organic compounds (VOC). 

Subpart VV—Virginia 

■ 4. In § 52.2425, paragraph (g) is 

revised to read as follows: 

§ 52.2425 Base Year Emissions Inventory. 

* * * * * 

(g) EPA approves as a revision to the 

Virginia State Implementation Plan the 

2011 base year emissions inventory for 

the Virginia portion of the Washington, 

DC-MD-VA 2008 8-hour ozone 

nonattainment area submitted by the 

Virginia Department of Environmental 

Quality on July 17, 2014. The 2011 base 

year emissions inventory includes 

emissions estimates that cover the 

general source categories of point 

sources, non-road mobile sources, area 

sources, on-road mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are carbon 

monoxide (CO), nitrogen oxides (NOX) 

and volatile organic compounds (VOC). 

[FR Doc. 2015–17974 Filed 7–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2010–0460; A–1–FRL– 

9930–94–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Control of Volatile Organic 

Compounds From Adhesives and 

Sealants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Rhode Island. 

This revision includes a regulation 

adopted by Rhode Island that 

establishes and requires Reasonably 

Available Control Technology (RACT) 

for volatile organic compound (VOC) 

sources of emissions from 

miscellaneous adhesives and sealants. 

The intended effect of this action is to 

approve these requirements into the 

Rhode Island SIP. This action is being 

taken in accordance with the Clean Air 

Act. 

DATES: This direct final rule will be 

effective September 21, 2015, unless 

EPA receives adverse comments by 

August 24, 2015. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–0460 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: Docket Identification Number 

EPA–R01–OAR–2010–0460, Anne 

Arnold, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, Office of Ecosystem Protection, 

Air Quality Planning Unit, 5 Post Office 

Square—Suite 100, (Mail code OEP05– 

2), Boston, MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109–3912. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No EPA–R01–OAR–2010– 

0460. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 


rmajette on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations 43629 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, 5 Post Office Square—Suite 

100, Boston, MA. EPA requests that if at 

all possible, you contact the contact 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 a.m. to 4:30 p.m., 

excluding legal holidays. 

In addition, copies of the state 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency; Office of Air Resources, 

Department of Environmental 

Management, 235 Promenade Street, 

Providence, RI 02908–5767. 

FOR FURTHER INFORMATION CONTACT: 

David Mackintosh, Air Quality Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

code OEP05–2), Boston, MA 02109– 

3912, telephone number (617) 918– 

1584, fax number (617) 918–0584, email 

mackintosh.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Rhode Island’s SIP Revision 

III. EPA’s Evaluation of Rhode Island’s SIP 

Revision 

IV. Final Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

In 1997, EPA revised the health-based 

National Ambient Air Quality Standard 

(NAAQS) for ozone, setting it at 0.08 

parts per million (ppm) averaged over 

an 8-hour time frame. EPA set the 8- 

hour ozone standard based on scientific 

evidence demonstrating that ozone 

causes adverse health effects at lower 

ozone concentrations and over longer 

periods of time than was understood 

when the pre-existing 1-hour ozone 

standard was set. EPA determined that 

the 8-hour standard would be more 

protective of human health, especially 

with regard to children and adults who 

are active outdoors, and individuals 

with a pre-existing respiratory disease, 

such as asthma. On April 30, 2004, 

pursuant to the Federal Clean Air Act 

(the Act, or CAA), 42 U.S.C. 7401 et 

seq., EPA designated portions of the 

country as being in nonattainment of the 

1997 8-hour ozone NAAQS (69 FR 

23858). The entire State of Rhode Island 

was designated as nonattainment for 

ozone and classified as moderate. The 

entire State of Rhode Island is also part 

of the Ozone Transport Region (OTR) 

under Section 184(a) of the CAA. 

Sections 182(b)(2) and 184 of the CAA 

compel states with moderate and above 

ozone nonattainment areas, as well as 

areas in the OTR respectively, to submit 

a revision to their applicable State 

Implementation Plan (SIP) to include 

provisions to require the 

implementation of reasonable available 

control technology (RACT) for sources 

covered by a Control Techniques 

Guideline (CTG) and for all major 

sources. A CTG is a document issued by 

EPA which establishes a ‘‘presumptive 

norm’’ for RACT for a specific VOC 

source category. 

EPA has determined that States which 

have RACT provisions approved in their 

SIPs for the 1-hour ozone standard have 

several options for fulfilling the RACT 

requirements for the 8-hour ozone 

NAAQS. If a State meets certain 

conditions, it may certify that 

previously adopted 1-hour ozone RACT 

controls in the SIP continue to represent 

RACT control levels for purposes of 

fulfilling 8-hour ozone RACT 

requirements. Alternatively, a State may 

establish new or more stringent 

requirements that represent RACT 

control levels, either in lieu of, or in 

conjunction with, a certification. In 

addition, a State may submit a negative 

declaration if there are no CTG sources 

or major sources of VOC and NOx 

emissions in lieu of, or in addition to, 

a certification. See Final Rule to 

Implement the 8-Hour Ozone National 

Ambient Air Quality Standard—Phase 2 

(the Phase 2 Rule) (70 FR 71612; 

November 29, 2005). 

As noted in the EPA’s Phase 2 ozone 

implementation rule, the RACT 

submittal for the 1997 8-hour ozone 

standard was due from Rhode Island on 

September 16, 2006. (See 40 CFR 

51.916(b)(2).) On March 24, 2008 (73 FR 

15416), EPA issued a finding of failure 

to submit to Rhode Island for the 1997 

8-hour ozone RACT requirement. This 

finding started an 18-month sanctions 

clock, as well as a 24 month Federal 

Implementation Plan (FIP) clock. On 

April 30, 2008, the RI DEM submitted a 

SIP revision which included an 

attainment demonstration, a RACT 

demonstration, and a reasonable further 

progress plan for the 8-hour ozone 

NAAQS. EPA determined the SIP 

revision complete on May 30, 2008, 

stopping the 18-month sanctions clock. 

II. Rhode Island’s SIP Revision 

On October 27, 2009, the Rhode 

Island Department of Environmental 

Management (DEM) submitted a SIP 

revision to EPA. This SIP revision 

included Rhode Island’s new Air 

Pollution Control (APC) Regulation No. 

44, ‘‘Control of Volatile Organic 

Compounds from Adhesives and 

Sealants.’’ Then, on March 25, 2015, 

Rhode Island DEM submitted a SIP 

revision containing a minor revision to 

APC Regulation No. 44 to address a 

typographical error in the regulation. 

III. EPA’s Evaluation of Rhode Island’s 

SIP Revision 

Rhode Island’s APC Regulation No. 

44, ‘‘Control of Volatile Organic 

Compounds from Adhesives and 

Sealants,’’ is based on the OTC Model 

Rule for Adhesives and Sealants. APC 

Regulation No. 44 includes all of the 

approaches to controlling VOC 

emissions found in EPA’s CTG for 

Miscellaneous Industrial Adhesives 

(EPA 453/R–08–005, September 2008): 

VOC content limits for adhesives and 

cleaning solvents; work practices; 

record keeping; air pollution control 

equipment requirements; surface 

preparation requirements; and spray 

gun cleaning requirements. Rhode 

Island’s rule is also more 

comprehensive than the CTG, since it 

establishes VOC content limits for 

sealants and sealant primers (in 

addition to adhesives as covered by the 

CTG), regulates sellers and 

manufacturers, not just appliers, of 

regulated adhesives, adhesive primers 

and sealants, and contains a VOC 

composite vapor pressure limit for 

cleaning materials. The exemptions of 

APC Regulation No. 44 are similar to 

those recommended in the CTG. While 


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43630 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations 

there are minor differences in the 

named adhesive categories (and 

emission limits) included in the CTG 

and APC Regulation No. 44, those 

differences are inconsequential 

compared to the broader applicability of 

APC Regulation No. 44 noted above. 

The March 25, 2015, SIP revision 

corrects the header on page 1 to identify 

the regulation as ‘‘No. 44’’ and not ‘‘No. 

33.’’ 

IV. Final Action 

EPA is approving, and incorporating 

into the Rhode Island SIP, Rhode 

Island’s APC Regulation No. 44, 

‘‘Control of Volatile Organic 

Compounds from Adhesives and 

Sealants.’’ 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective 

September 21, 2015 without further 

notice unless the Agency receives 

relevant adverse comments by August 

24, 2015. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on September 21, 2015 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

V. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the [State 

Agency Regulations] described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 21, 

2015. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of this Federal Register, rather 

than file an immediate petition for 

judicial review of this direct final rule, 

so that EPA can withdraw this direct 

final rule and address the comment in 

the proposed rulemaking. This action 

may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 


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Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations 43631 

Dated: June 18, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart OO—Rhode Island 

■ 2. In § 52.2070, the table in paragraph 

(c), EPA-Approved Rhode Island 

Regulations, is amended by adding an 

entry in numerical order for Air 

Pollution Control Regulation 44 to read 

as follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject State effective 

date 

EPA approval 

date Explanations 

*******

Air Pollution Control Regulation 

44.

Control of Volatile Organic Compounds from Adhesives and 

Sealants.

06/04/2009 07/23/2015 

[Insert Federal Register 

citation] 

* * * * * * * 

* * * * * 

[FR Doc. 2015–17852 Filed 7–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 535 

Medium- and Heavy-Duty Vehicle Fuel 

Efficiency Program 

CFR Correction 

In Title 49 of the Code of Federal 

Regulations, Parts 400 to 571, revised as 

of October 1, 2014, on page 146, § 535.9 

is reinstated to read as follows: 

§ 535.9 Enforcement approach. 

(a) Compliance. (1) NHTSA will 

assess compliance with fuel 

consumption standards each year, based 

upon EPA final verified data submitted 

to NHTSA for its heavy-duty vehicle 

fuel efficiency program established 

pursuant to 49 U.S.C. 32902(k). NHTSA 

may conduct verification testing 

throughout a given model year in order 

to validate data received from 

manufacturers and will discuss any 

potential issues with EPA and the 

manufacturer. 

(2) Credit values in gallons are 

calculated based on the final CO2

emissions and fuel consumption data 

submitted by manufacturers and 

verified/validated by EPA. 

(3) NHTSA will verify a 

manufacturer’s credit balance in each 

averaging set for each given model year. 

The average set balance is based upon 

the engines or vehicles performance 

above or below the applicable regulatory 

subcategory standards in each 

respective averaging set and any credits 

that are traded into or out of an 

averaging set during the model year. 

(i) If the balance is positive, the 

manufacturer is designated as having a 

credit surplus. 

(ii) If the balance is negative, the 

manufacturer is designated as having a 

credit deficit. 

(4) NHTSA will provide written 

notification to the manufacturer that has 

a negative balance for any averaging set 

for each model year. The manufacturer 

will be required to confirm the negative 

balance and submit a plan indicating 

how it will allocate existing credits or 

earn, and/or acquire by trade credits, or 

else be liable for a civil penalty as 

determined in paragraph (b) of this 

section. The manufacturer must submit 

a plan within 60 days of receiving 

agency notification. 

(5) Credit shortfall within an 

averaging set may be carried forward 

only three years, and if not offset by 

earned or traded credits, the 

manufacturer may be liable for a civil 

penalty as described in paragraph (b) of 

this section. 

(6) Credit allocation plans received 

from a manufacturer will be reviewed 

and approved by NHTSA. NHTSA will 

approve a credit allocation plan unless 

it determines that the proposed credits 

are unavailable or that it is unlikely that 

the plan will result in the manufacturer 

earning sufficient credits to offset the 

subject credit shortfall. If a plan is 

approved, NHTSA will revise the 

respective manufacturer’s credit account 

accordingly by identifying which 

existing or traded credits are being used 

to address the credit shortfall, or by 

identifying the manufacturer’s plan to 

earn future credits for addressing the 

respective credit shortfall. If a plan is 

rejected, NHTSA will notify the 

respective manufacturer and request a 

revised plan. The manufacturer must 

submit a revised plan within 14 days of 

receiving agency notification. The 

agency will provide a manufacturer one 

opportunity to submit a revised credit 

allocation plan before it initiates civil 

penalty proceedings. 

(7) For purposes of this regulation, 

NHTSA will treat the use of future 

credits for compliance, as through a 

credit allocation plan, as a deferral of 

civil penalties for non-compliance with 

an applicable fuel consumption 

standard. 

(8) If NHTSA receives and approves a 

manufacturer’s credit allocation plan to 

earn future credits within the following 

three model years in order to comply 

with regulatory obligations, NHTSA will 

defer levying civil penalties for noncompliance until the date(s) when the 

manufacturer’s approved plan indicates 

that credits will be earned or acquired 

to achieve compliance, and upon 

receiving confirmed CO2 emissions and 

fuel consumption data from EPA. If the 

manufacturer fails to acquire or earn 

sufficient credits by the plan dates, 

NHTSA will initiate civil penalty 

proceedings. 

(9) In the event that NHTSA fails to 

receive or is unable to approve a plan 

for a non-compliant manufacturer due 

to insufficiency or untimeliness, 


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